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REGULATION OF MARKETING
Sampo Mielityinen & Satu Pitkänen
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B2C-MARKETING: OVERVIEW
Consumer Protection Act, chapter 2: prohibitions of inappropriate marketing and unfair marketing & sanctions Detailed rules in decrees, e.g. Indication of prices Examples of prohibited marketing practices Specific acts: e.g. package travels, real estate agencies Consumer protection authorities supervise and implement the legislation The Consumer Ombudsman's guidelines: information and practical advice about the application of the law (e.g. marketing in blogs) Business Processes / Law
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Business Processes / Law
B2B-MARKETING: OVERVIEW Consumer protection statutes not applicable Unfair Business Practices Act Good business practices may not be violated Prohibition of false, misleading or otherwise inappropriate expressions Standards of comparative marketing Injunction and correction (Market Court) Freedom to negotiate an agreeable solution Business Processes / Law
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Coko by Biltema - Lego Confusion about the producer? 24.5.2019
Business Processes / Law
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Stella konditoria – Stockmann
Sans Rival cake made by Stockmann Original Ellen Svinhufvud cake by Stella konditoria Confusion about the producer? Business Processes / Law
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SUPERVISION AND IMPLEMENTATION (B2C)
Consumer Ombudsman & Regional State Administrative Agencies Information from the consumers, the competitors etc. (possibly) CONSULTATION INJUNCTION + CORRECTION Market Court (CO, AVI) Business Processes / Law
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REGULATION OF MARKETING: MAIN PRINCIPLES
Prohibition of inappropriate or unfair conduct Marketing must clearly show its commercial purpose and on whose behalf marketing is implemented False or misleading information shall not be conveyed Marketing should always convey information necessary in respect of the health or economic security of consumers Business Processes / Law
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INAPPROPRIATE MARKETING: conflict with common values
VIOLATION OF HUMAN DIGNITY INSULTING POLITICAL / RELIGIOUS CONVICTIONS DISCRIMINATION POSITIVE IMAGE OF DANGEROUS ACTIVITIES SPECIAL PROTECTION OF CHILDREN Business Processes / Law
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Business Processes / Law
Unfair marketing A practice contrary to generally accepted, appropriate practices in business or trade which clearly impairs the consumer's ability to make an informed purchasing decision and causes him/her to make a decision that he/she would not otherwise have made Criteria for assessment: well-informed and careful average consumer, paying reasonable attention to information Special protection for children and the disabled Business Processes / Law
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EXAMPLES OF UNFAIR MARKETING
Marketing not recognizable Confusion about the producer False / misleading information Failure to provide essential information Aggressive marketing Delivery without order Extra fees without explicit consent False price reduction claims Business Processes / Law
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